Back
RAJAN ROY, ABDUL MOIN, MANISH MATHUR
Anukul Prakash – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RAJAN ROY, J.
1. A Single Judge of this Court noticed conflicting opinions rendered by different Division Benches on the question of counting of past services rendered by the concerned in the erstwhile Auto Tractors Limited (hereinafter referred as 'ATL') for the purposes of pensionary benefits payable by the State Government consequent to their absorption therein and referred the matter for consideration by a Larger Bench. Accordingly, by order of Hon'ble the Chief Justice this Full Bench was constituted.
2. We considered the questions referred by the learned Single Judge to us and rephrased/reframed the same as under:
The main legal point established in the judgment is the strict interpretation of the statutory provision under sub-rule (6) of Rule 18 of the OCS (Pension) Rules, 1992, and the court's direction for ....
Retrospective amendments to pension rules cannot divest vested rights of retired employees regarding pension calculations.
The Government's intention, as per the Government Order, was clear in favor of providing the benefit of counting the past service rendered by the writ petitioners in the Society towards qualifying se....
Past services rendered by employees as Paid Managers must be recognized for pension and ACP/MACP benefits post-absorption into government service.
The main legal point established in the judgment is the need to follow Rule 11(2) of the Pension Rules and the Full Bench Judgement in determining the eligibility for pensionary benefits.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
